CC 07-19-93
CITY OF CUPERTINO, STATE OF CALIFORNIA CC-864
10300 TORRE AVENUE, CUPERTINO, CA 95014
TELEPHONE: (408) 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JULY 19, 1992, COUNCIL CHAMBER, CITY HALL
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA
The meeting was called to order by Mayor Szabo at 6:45 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Counc. Present:
Dean, Goldman, Koppel, Sorensen, Mayor Szabo
Staff Present:
City Manager Brown
Deputy City Clerk Wolfe
Director of Public Works Viskovich
City Planner Wordell
Director of Finance Snyder
Director of Parks and Recreation Dowling
Public Information Officer Krey
Planner II Robillard
Planner II Gil
City Attorney Kilian
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - It was moved by Counc. Koppel, seconded by Counc. Sorensen
and passed unanimously to continue Item 16 to the August 16, 1993 meeting.
City Clerk's Note: The August 16 meeting was changed to August 17 per item 23 of this
agenda.
ORAL COMMUNICATIONS
Bob Meyers, President of the Cupertino Historical Society, announced that On June 22
Steven Dowling, Director of Parks and Recreation, has been awarded the Society's first
certificate of appreciation for assistance to the society toward meetings its objectives of
preserving Cupertino history and in educating Cupertino residents about aid history. Mr.
Meyers said that without the assistance of Mr. Dowling and other staff members, the
Society might still be struggling to start a museum. he said the look forward to many
years of cooperation with the Council, City Manger and staff.
MINUTES OF THE JULY 19, 1993 REGULAR CITY COUNCIL MEETING (CC-864)
CONSENT CALENDAR
By consensus, Item 13 was removed from the agenda.
It was moved by Counc. Sorensen, seconded by Counc. Koppel and passed unanimously
to approve the Consent Calendar as submitted with the exception of Item 13.
1. Resolution No. 8925: "A Resolution of the City Council of the City of Cupertino
Allowing Certain Claims and Demands Payable in the Amounts and From the
Funds as Hereinafter Described for General and Miscellaneous Expenditures for
the Period Ending June 29, 1993."
2. Resolution No. 8926: "A Resolution of the City Council of the City of Cupertino
Allowing Certain Claims and Demands Payable in the Amounts and From the
Funds as Hereinafter Described for General and Miscellaneous Expenditures for
the Period Ending July 9, 1993."
3. Resolution No. 8927: "A Resolution of the City Council of the City of Cupertino
Allowing Certain Claims and Demands Payable in the Amounts and From the
Funds as Hereinafter Described for Salaries and Wages for the Payroll Period
Ending June 27, 1993."
4. Resolution No. 8928: "A Resolution of the City Council of the City of Cupertino
Authorizing Execution of a Cooperative Agreement Between the County of Santa
Clara and the City of Cupertino for Participation in a Mortgage Credit Certificate
Program.
5. Resolution No. 8929: "A Resolution of the City Council of the City of Cupertino
Authorizing Execution of a Joint Powers Agreement and Cooperative Agreement
to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to
Title I of the Housing and Community Development Act of 1974, as Amended for
Fiscal Years 1994-96.
6. Summons and Petition for Writ of Mandate and Complaint for Declaratory Relief:
The Roman Catholic Bishop of San Jose v. City of Cupertino; Superior Court
Case Number 732683. Receive.
7. Resolution No. 8930: "A Resolution of the City Council of the City of Cupertino
Adopting a Record Retention Schedule for City Council, City Manager,
Community Development, Finance, General Services, Parks and Recreation and
Public Works."
8. Resolution No. 8931: "A Resolution of the City Council of the City of Cupertino
Adopting a Regulation Pertaining to Special Claims Procedures."
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MINUTES OF THE JULY 19, 1993 REGULAR CITY COUNCIL MEETING (CC-864)
9. Resolution No. 8932: "A Resolution of the City Council of the City of Cupertino
Accepting Grant of Easement for Roadway Purposes from Il Sang Lee and Soo
Bok Chung Consisting of Approximately 0.012 Acre, Located at 10091 Hillcrest
Road."
10. Resolution No. 8933: "A Resolution of the City Council of the City of Cupertino
Authorizing Execution of Lease and Caretaker Agreement for Simms House in
McClellan Ranch Park."
11. Budget Update and Treasurer's Report, June, 1993. Receive.
12. Monthly Activity Report, June, 1993. Receive.
13. Resolution No. 8934: "A Resolution of the City Council of the City of Cupertino
Rescinding Resolution No. 8605 and adopting the Conflict of Interest Code of the
City of Cupertino for Officials and Designated Employees." - Removed from
agenda.
14. Resolution No. 8935: "A Resolution of the City Council of the City of Cupertino
Approving Parcel Map and Improvement Plans of Property Located at 10951
Linda Vista Drive; Developer, Stephen Chang; Authorizing Execution of
Improvement Agreement; Authorizing Signing of Parcel Map and Improvement
Plans."
ITEMS REMOVED FROM CONSENT CALENDAR - None.
PUBLIC HEARINGS
15. Application No. 81,004.120 and 2-EA-93 - Sign Ordinance revision - Applicant,
City of Cupertino; Location: Citywide. Environmental Determination: The
Planning Commission recommends the granting of a Negative Determination.
Recommended for approval. (Continued from meeting of July 6, 1993.)
(a) First reading of Ordinance No. 1624: "An Ordinance of the City Council
of the City of Cupertino Amending Title 17, Signs, of the Cupertino
Municipal Code."
(b) First reading of Ordinance No. 1625: "An Ordinance of the City Council
of the City of Cupertino Amending Chapter 5.16, Garage and Patio Sales,
of the Cupertino Municipal Code."
City Planner Wordell presented staff's report and emphasized the three areas of change.
Counc. Sorensen asked staff to make sure it is publicized that houses and businesses must
have numbers.
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MINUTES OF THE JULY 19, 1993 REGULAR CITY COUNCIL MEETING (CC-864)
It was moved by Counc. Sorensen, seconded by Counc. Goldman and passed unanimously
to accept the sign ordinance as revised.
It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously
to read Ordinance No. 1624 by title only and the Deputy City Clerk's reading to
constitute the first reading thereof.
It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously
to read Ordinance No. 1625 by title only and the Deputy City Clerk's reading to constitute
the first reading thereof.
It as moved by Counc. Goldman, seconded by Counc. Koppel and passed unanimously to
grant a Negative Declaration.
16. Consideration of amending Chapter 10.44 of the Cupertino Municipal Code
relating to parades, athletic events or public assemblies. (Staff requests
continuance to August 16 meeting.)
This item was previously continued to the August 16 meeting.
17. Hearing regarding assessment for weed abatement.
(a) Resolution No. 8917: "A Resolution of the City Council of the City of
Cupertino Providing for Lien Assessments and for the Collection of Same
Resulting from the Abatement of Public Nuisances."
Deputy City Clerk Wolfe presented the staff report and recommendation.
It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously
to adopt Resolution 8917.
PLANNING APPLICATIONS
18. None.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
19. None.
UNFINISHED BUSINESS
20. None.
NEW BUSINESS
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MINUTES OF THE JULY 19, 1993 REGULAR CITY COUNCIL MEETING (CC-864)
21. Recommendation from Cable Television Advisory Committee to provide partial
funding for access director to attend national conference.
Public Information Officer Krey presented the request and staff recommendation.
It was moved by Counc Koppel, seconded by Counc. Sorensen and passed unanimously
to approve the Cable TV Advisory Committee recommendation to split funding as
follows: $500 from CATV Committee travel budget and $500 from DeAnza's portion of
the franchise fees ($40,000). By consensus Council requested a report within three moths
regarding benefits to the community from the funds allocated to the access channel. Ms.
Krey explained significance of attendance at the conference.
Ms. Krey informed Council that the agreement requires a report on a quarterly basis.
22. Establishment of a Below Market Rate In-Lieu Fee for the Residential Housing
Mitigation Program.
Planner II Gil presented the recommendation from the Affordable Housing Committee
Following discussion and clarification, it was moved by Counc. Dean, seconded by Conc.
Koppel and passed with Council members Sorensen and Goldman dissenting to exempt
remodels including additions and apply the fee in the same manner as the park dedication
fee.
It was moved by Counc. Goldman , seconded by Counc. Koppel and passed unanimously
to approve the Affordable Housing Committee recommendation as follows:
A. An in-lieu fee of $1.00/sq. ft. (based upon the 2% of value of the land without
improvement).
B. The fees shall be assessed at the building permit stage.
C. In the case of demolition/reconstruction, the fee will be applied in the same manner
as the park dedication fee; remodels, including additions, are exempt from the fee.
D. On an annual basis staff shall assess the value of property in Cupertino and this
value shall be used to calculate the fee.
23. Consideration of changing regular meeting scheduled for August 16 to August 17.
It was moved by Counc. Koppel, seconded by Counc. Dean and passed unanimously to
change the meeting date of the August 16 regular meeting to August 17.
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MINUTES OF THE JULY 19, 1993 REGULAR CITY COUNCIL MEETING (CC-864)
City Attorney Kilian informed the City Clerk that the August 16 meeting would have to be
adjourned due to lack of a quorum.
WRITTEN COMMUNICATIONS
24. None.
ORDINANCES
25. Second reading and enactment of Ordinance No. 1627: "An Ordinance of the City
of Cupertino Amending Section 18-1.201, H, Definitions, "Lot Line Adjustment"
of the Cupertino Municipal Code."
It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously
to read Ordinance No. 1627 by title only and the Deputy City Clerk's reading to constitute
the second reading thereof.
It was moved by Counc. Koppel, seconded by Counc. Goldman and passed unanimously
to enact Ordinance No. 1627.
RESOLUTIONS - None.
STAFF REPORTS
26. Oral reports by staff members and submission of written reports - none.
27. Status of compost program.
Mayor Szabo stated that he owns property within 300 ft. of the Service Center and
therefore cannot vote on this matter. He turned the meeting over to Mayor Pro Tempore
Goldman.
Director of Public Works Viskovich presented the status report.
Glen Cabral, 10191 Vicksburg, said that a minority group had caused the program to be
turned down. Lots of people want it. Give it a chance. He thinks it will work.
Howard Johnson, 22560 Alcalde Road, said it looks great and he likes the idea of bags.
He said he was hoping it can be at multiple sites and suggested McClellan Ranch if there
are four or five other sites around the City.
Mr. Viskovich said his understanding is that we will get it after processing at Zanker and
we will bag it.
By consensus, Council agreed with the plan.
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MINUTES OF THE JULY 19, 1993 REGULAR CITY COUNCIL MEETING (CC-864)
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MINUTES OF THE JULY 19, 1993 REGULAR CITY COUNCIL MEETING (CC-864)
COUNCIL REPORTS
28. Mayor Szabo - Legislative Review Committee - It was moved by Counc.
Koppel, seconded by Counc. Goldman and passed unanimously to take the
following action regarding proposed legislation:
C/A Oppose AB 51 (Costa), housing, regional housing needs; SB1234
(Bergeson, Isenberg), local government finance. Support AB 110 (Peace),
SB 30 (Johnston), AB 119 (Brulte), AB 1300 (W. Brown), SB 983
(Green), and SB 484 (Johnston), workers' compensation reform; SB 1209
(Bergeson), contracting out, Caltrans design and engineering; SB 278
(Beverly), franchise fees. Continue to support SB 1140 (Calderon), Brown
Act; AB 12 (Epple), dispatcher immunity. Continue to oppose SB 36
(Kopp), Brown Act; AB 1313 (W. Brown), sales use tax exemption,
manufacturers. Request that LCC look at SCA 34 (Kopp, et al.), budget
bill, passage, vote requirement.
At 8:02 p.m. the meeting was adjourned.
_________________________
Deputy City Clerk
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